ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00047327

Parties:

	Complainant	Respondent
Parties	Marcia Martins	Veracity Maintaining Partnerships Limited

	Complainant	Respondent
Anonymised Parties	{text}	{text}

Representatives

Self - represented

Did not attend

Complaint(s):

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00058192-001	09/08/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00058192-002	09/08/2023

Date of Adjudication Hearing: 31/01/2024

Workplace Relations Commission Adjudication Officer: Valerie Murtagh

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint. The complainant was sworn in at the commencement of the hearing.

Summary of Complainant’s Case:

The complainant commenced employment with the respondent on 30 January 2023 as an accounts assistant. The complainant worked a 39 hour week and received gross pay of €673. She worked in the office some days and also had an arrangement where she could work from home. She states that the last payment she received from the respondent was on 21 July 2023. The complainant states that after this date, despite many efforts on her part to contact her employer, he did not respond to her queries.

The complainant states that she is owed two weeks wages for weeks ending 28 July and 4 August 2023. The complainant also states that she is also owed 7 days annual leave/ holiday entitlement.

Summary of Respondent’s Case:

The respondent did not attend the hearing.

Findings and Conclusions:

I found the complainant to be a credible witness. She provided copies of her contract, payslips and other relevant documentation in order to substantiate her claim.

Based on the uncontested evidence of the complainant, I find that the complainant has established a breach by the respondent in respect of non-payment of her wages for weeks ending 28 July and 4 August 2023. I also find that the complainant was not paid her annual leave entitlement in respect of 7 days holidays. On the basis of the documentation submitted I find that the respondent is in breach of the legislation in this regard. I am satisfied that the complaints are well founded.

I order the respondent to pay the complainant her two weeks wages owing in the amount of €1,346.

I order the respondent to pay the complainant her entitlement to 7 days annual leave in the amount of €942.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I find that the complaint under the Payment of Wages legislation is well-founded. I order the respondent to pay the complainant her two weeks wages owing in the amount of €1,346.

I find that the complaint under section 27 of the Organisation of Working Time Act is well-founded. I order the respondent to pay the complainant her entitlement to 7 days annual leave in the amount of €942.

Dated: 25/03/2024

Workplace Relations Commission Adjudication Officer: Valerie Murtagh

Key Words:

Payment of Wages Act, annual leave/holiday entitlement